Sec. 1. 12 MRSA §7502, sub-§1, as amended by PL 1981, c. 563, §2, is further amended to read:

1. Permission to kill nuisance animals. Except as provided in subsection 5 and section 7504, the cultivator, owner, mortgagee or keeper of any orchard or growing crop, except grass, clover and grain fields, or the owner or occupier of land on which such an orchard or crop are is located, may take or kill deer or other wild animals night or day, when they are doing substantial damage to the orchard or crop. For purposes of this section, corn shall is not be considered grain.

Sec. 2. 12 MRSA §7502, sub-§4, as amended by PL 1979, c. 723, §22, is further amended to read:

4. Warden's certificate. The game warden shall immediately investigate the case and, if he the game warden is satisfied that the deer or other wild animal was taken as provided in this section, he the game warden shall give the person who killed the deer or other wild animal a certificate of his the game warden's finding in the matter. The certificate entitles the person to the ownership of the carcass or carcasses, to be possessed and consumed only within the immediate family of the owner of the crops or the person who killed the deer or other wild animal. A person may possess and consume only the first 2 carcasses of deer, moose or bear killed or taken under this section.__The department shall take possession of any excess carcasses after the first 2 carcasses of deer, moose or bear killed or taken under this section.

Sec. 3. 12 MRSA §7502, sub-§5 is enacted to read:

5.__Prohibited persons.__A person convicted of night hunting pursuant to section 7406, subsection 5 within the past 10 years may not take or kill a nuisance animal under this section.

SUMMARY

This bill prohibits a person convicted of night hunting within the past 10 years from killing or taking nuisance animals who are damaging crops or orchards. This bill also allows a person who kills or takes nuisance animals to keep only 2 deer, moose or bear carcasses, with the Department of Inland Fisheries and Wildlife taking possession of any excess carcasses.